Spousal maintenance is a payment made by one spouse to the other following a divorce. It is in addition to child maintenance.
read moreThere is no automatic right to spousal maintenance. The amount of maintenance is decided based on the couple’s financial needs and income.
Spousal maintenance (interim) can start during the divorce proceedings. Once a financial settlement is agreed, longer-term spousal maintenance will begin.
How does spousal maintenance work?
Spousal maintenance is a payment from one ex-spouse to the other after divorce to support them financially and to help them adjust to financial independence without undue financial hardship. It is typically made in monthly instalments. The exact amount of spousal maintenance will depend on a number of factors, such as your individual incomes.
How can our spousal support solicitors help you?
Our specialist spousal support solicitors are dedicated to helping you find the best outcome for your situation. We can tailor our services to meet the needs of your case, including offering forensic accountancy services.
How do I apply for spousal maintenance?
Spousal maintenance will be agreed as part of your financial settlement, through the legally binding financial consent order. You may be able to agree this with your ex through mediation or other non-court dispute resolution methods, which our specialist lawyers can guide you through. Where court intervention is necessary, a judge will decide on the necessary payments, and our solicitors can represent your interests in court.
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Your divorce lawyer will advise you of how much spousal maintenance a judge is likely to award you, and this will inform any negotiations you have.
If you are unable to agree on an amount and your case goes to court, the judge will decide how much you should receive.
Ideally, you will be able to reach an agreement without a judge having to decide the outcome.
You can consider mediation, arbitration or a Private FDR to help you reach a settlement.
Watch out for pensions! Many people fail to include these or will trade off pension claims to receive more capital from the family home, but this can lead to unfair outcomes so expert legal advice, often including an actuary’s report, is vital.
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